Contested Divorce

Divorce cases typically begin when one spouse (or "petitioner") files an Original Petition for Divorce. This petition asks a court to dissolve the marriage and assist in dealing with issues related to the separation such as child custody, visitation, child support and sometimes spousal support. When the other spouse (or "respondent") responds to this petition and the two parties are unable to agree on the terms of the divorce, the case will be classified as "contested." In these instances, the issues related to the divorce must be resolved by the court in trial or through arbitration if the parties agree to use an arbitrator.

Elements of a Divorce

The decision to legally terminate a marriage can be difficult. For some, the actual dissemination of a marriage is even more difficult. During the legal processes involved in officially ending a marriage you and your soon-to-be ex-spouse will need to establish a number of important aspects to the marriage and its dissolution. Issues such as property division, financial responsibilities and the like are often topics of debate among two people looking to end their marriage. When children are involved, the issues often become even more hotly contested, as couples are typically at odds in the beliefs they hold about how a child should be raised, supported and parented.

If you are in the middle of a divorce proceeding and are unable to reach an agreement regarding the terms of your divorce, it is highly advised that you contact a divorce lawyer that can represent you in the trial. Divorce litigation can often be very complex, and there is no guarantee of reaching an outcome that is favorable to you. An experienced attorney can prepare the evidence in a proper format so that it is admissible and then argue your case in court. This significantly improves your chances of securing a resolution that serves your best interests and the best interests of your family.

The Importance of Temporary Orders

In its entirety, the divorce process can be quite lengthy, sometimes taking months that could span into an entire year. For this reason, it is important for couples going through the process to retain legal mandates as to how their time, children and properties will be shared in the interim period between the filing of divorce papers and the final dissolution of the marriage. This is best achieved through the establishment of a temporary court order, the purpose of which is to create orders that will remain in place until the divorce has been legally finalized.

When a divorce is contested, the need for a temporary court order is all the more present. Couples that are at odds with one another often need court instigated regulations to ensure that their arguments and disagreements do not get out of hand or grow during the divorce process. During the months it takes to successfully complete a divorce, a temporary order will serve the purpose of determining who is responsible for paying bills, parenting the children and maintaining the property. These are agreements that must be mutually entered into by both parties, either by agreement or through a contested hearing.

In cases in which a contested court hearing is needed to establish the temporary order, both parties of the marriage will be given the opportunity to present their case before the court. Each spouse will have a chance to present the court with evidence (in limited amounts) to help the judge decide upon how the couple should proceed short-term. The issues decided upon are given temporary solutions that are expected to remain in effect until the divorce is finalized or the matter is again brought before the court for modification. You stand the best chances of having your needs met in a contested divorce matter with the help of an attorney by your side. Therefore, we encourage you to contact an associate from the Law Office of Dan Kirby today.